The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revocation shall be dismissed.

1. Facts of recognition;

A. The Defendant is the co-owner of the building F in Guro-gu Seoul Metropolitan Government, the first underground floor in D, and the fourth apartment building in the fourth floor above ground (hereinafter “instant building”).

B. Since April 1984, the building management business of the instant case was completed, the network G, which owned 65% of the total share of the instant building from around April 1984, was actually conducted by the Plaintiff, who was employed by the network G as the management office from February 2002.

C. Under the Act on the Ownership and Management of Aggregate Buildings, “E building management body,” which is a management body comprised of all sectional owners of the instant building, held the extraordinary meeting of the building management body on March 23, 2018 (hereinafter “instant extraordinary meeting”) upon the request for convening H(20.6% of the sectional owners, etc. (hereinafter “instant special meeting”), 24 of the sectional owners (a total of 83.6% of the equity ratio) attended the meeting and cast a vote for election of the manager. As a result, the Plaintiff was elected as the manager of the instant building.

On the other hand, the plaintiff has completed business registration under the name of the plaintiff, and has performed management duties such as the imposition and collection of management fees.

However, on March 27, 2019, the E-building Management Body’s general meeting of the building management committees (hereinafter “instant general meeting of shareholders”) whose agenda is “I E-building Management Body for the change of the method of operation of the office: I E-building Management Body”).”

A) The resolution of the following purport: (a) the holding of a sectional owner and 33 sectional owners (total equity ratio of 86.6%) attended and 25 persons (total equity ratio) are required to proceed with the collection of management expenses, etc. upon obtaining a business operator registration certificate under the name of the E-building management body in the name of the management body of the building; and (b) the remaining claims and obligations and all assets due to the progress of the Plaintiff’s name in the past as of April 1, 2019 shall

[The facts that there is no dispute over the basis for recognition, Gap evidence 5-3 to 6, 9-4, 13-1, Eul evidence 1, and the purport of the whole pleadings.

2. Determination: